Renters’ Rights: New legislation favors CO renters, what changed?
Attention all Colorado renters – new laws that passed the state legislature will work in your favor.
“Renters should be very happy,” said attorney Donald Eby who specializes in landlord-tenant law.
We all know working with landlords isn’t always easy. Vice-versa.
Just ask Loretta and Mary.
“It’s been a year of absolute hell,” said Loretta, describing the situation with her landlord.
“We just wanted to be left alone,” Mary said about the same thing.
These two women are fed up with their landlord. A trend we’ve seen quite a bit.
Viewers sharing their concerns with KRDO – all asking a simple question: what can I do {about this} legally?
So we sat down with landlord-tenant attorney Donald Eby to analyze the following scenarios.
#1: “He tried to kick us out after three days.”
Imagine moving in, paying your rent, and within a few days you’re asked to leave.
You may be wondering is that even legal to do in Colorado? The short answer is no.
“The legislature changed it to a 10-day notice, so the landlord can still terminate the lease but it has to be within 10 days not three,” Eby said.
#2: “We pay our rent and then it changes every month.”
Under Colorado law, the landlord doesn’t have the right to change the rent every month if there is a rate agreed upon in a legal annual lease signed by both parties. If your landlord tries to do this with a month-to-month lease that would be allowed.
So what should you do?
“The tenant has a viable defense, the tenant brings his lease to court and say: ‘you can’t evict me… I paid the right amount … the landlord is demanding more than the landlord has the right to demand.'”
#3: “Building is full of cockroaches”
Filthy living conditions.
The best course of action to take is to utilize the Colorado Warranty of Habitability, a fancy legal term that changed recently to arm tenants with more power to fight back. Under this rule, a landlord is now required to respond to a tenant within 24 hours and make efforts to resolve the problem.
#4: “When I come by, he follows me all the way to work…”
Harassment.
If you feel you’re being harassed – you have and should use your right to call the police to investigate further. Plus, keep in mind in a legal lease a tenant has the right to the “sole and exclusive possession of the property during the course of that lease” which means the landlord doesn’t have the right to barge into the property without your consent.
Tips
Documentation is key. Don’t pay a dime, if you don’t have legal proof you can live there. Verbal agreements will get you nowhere. Get every agreement in writing, even if that means you have to save texts, emails, or even voicemails.
Report a tip?
Email Stephanie directly at Stephanie.Sierra@KRDO.com
Questions for attorney Donald Eby should be directed to his firm at Robinson & Henry P.C.
